As mentioned, I attended a 341 hearing on Thursday, in Charlotte, NC. The photo is the building at 4600 Park Rd. where the meeting was held. It was a re-purposed office area that was made to fit the need. This was my first time attending a meeting in that building. The work area was functional for the case load scheduled for that day….

4600 Park Rd. Charlotte, NC

First, a little background is needed for this case. Do you have some members that seem to have more situations than others? Things can go right, but then some things can go wrong in a hurry! That is the case here. This couple had been severely delinquent on two vehicle loans, a personal loan and an overdraft loan. After several broken promises, you know “the 401K loan has been delayed”.. we will pay some next week… You have all heard them.. We sent a repo agent to their home to recover both vehicles. He picked up one and said the member told them they were filing bankruptcy and hiding the truck until they get a case number.

We did not think that was unusual. Members had done that before. However, we asked the repo man to come back at different times and look anyway. We gave him relatives addressess and employment address for the husband. As time went on, we got the feel that the repo man was not giving this case any of his attention. So, we withdrew the assignment from that company and forwarded it to another one that had a done a good job for us on another case. We assigned the account on a Friday afternoon. Monday, before I could get to work, I get a call saying the repo man for the second company was wanting to talk to me real bad. Also, I got word that the member had called and asked some strange questions. So, just as I arrived at the office, the member called in again. Her first line- “Why did you send a bounty hunter to come pick up my husband over the weekend?” I said, “Excuse me?” She was accusing the repo man of being a bounty hunter. I told her I would call her back after I spoke to our repo agent. He had not secured the truck, but there must be more! During this conversation, I also learn that her attorney as WG of notorious fame as having won many consumer/debtor cases over the last 30 years! So, I call the owner of the repo company and tell him about the conversation I just had with the member. He admitted that his repo agent used to be a licensed bounty hunter in another state and still wore the t-shirts on occasion. Great! The member said he had a gun. Well, I found out he carries mace and a tazer! I told the owner to get a written statement as to the whole deal and fax to me. (He never did by the way.) Wow, my next call is to our attorney – FD.

But, before I get to that call, I get a call from the repo agent that ran the assignment. He goes on to explain that the member was friendly, and after 30 minutes of conversation, he shook hands and departed. In the conversation, he learns that the first repo man (per the member) turns out to be a part-time bartender at a place in Charlotte and personally knew the members from their attendance there! Well, that wasn’t so bad, but this fellow tells me that the member said the other repo man told them to hide the truck and how to avoid getting it taken by the next guy! As if that is not enough, the member asks the second repo man for legal advice! Yes, he gives it! They ask if they could ever get arrested for not turning over the truck when we came for it? He gives his opinion! He admits to wearing the t-shirt, carrying a taser and mace. But, he denies that the whole deal was confrontational. He said he tried to get info out of the member to see if he could find the truck himself! At this point, I get off the telephone and make the President aware of the situation. She is as shocked as I am. Somewhere in all this mess, I had also fielded a call from the paralegal for the member’s attorney, and she wanted to let us know that the members had indeed filed for bankruptcy and would be getting a case number soon. I told her I would call her back for more details and answers to the actions of the repo man from the previous Saturday.

I get our attorney on the phone, and what he said about our repo man is not printable. After a brief on the situation, he volunteers to call the member’s attorney and speak to him personally. Later that day, I receive an email saying the whole deal had been worked out, we would not be sued and that the member would have a case number soon. But, there is more…

Before this episode, I find the wife had a vehicle titled to her that she did not sign the note as liable for the loan. She signed as “owner” of collateral. Her father was the sole maker on the note. After review by our attorney, he advised we could repo the car before she gets the case number, but now the father could default, and we would lose all the way around. So, that made the bankruptcy case more interesting, as you will see. I will continue in the next post about attending the meeting and asking questions of the member/debtor.

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